Iowa Code 633.709 – Jurisdiction
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A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if any of the following apply:
1. This state is the respondent’s home state.
Terms Used In Iowa Code 633.709
- Court: means , when referring to a court of this state, the district court sitting in probate with jurisdiction of conservatorships and guardianships. See Iowa Code 633.701
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, or government; governmental subdivision, agency, or instrumentality; or any other legal or commercial entity. See Iowa Code 633.701
- Protective order: means an order appointing a conservator as defined in section 633. See Iowa Code 633.701
- Respondent: means an adult for whom a conservatorship or guardianship is sought. See Iowa Code 633.701
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. See Iowa Code 633.701
- United States: includes all the states. See Iowa Code 4.1
2. This state is a significant-connection state and, on the date the petition is filed, any of the following apply:
a. The respondent does not have a home state or a court of the respondent’s home state has declined to exercise jurisdiction because this state is a more appropriate forum.
b. The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order, all of the following apply:
(1) A petition for an appointment or order is not filed in the respondent’s home state.
(2) An objection to the court’s jurisdiction is not filed by a person required to be notified of the proceeding.
(3) The court in this state concludes that it is an appropriate forum under the factors set forth in section 633.712.
3. Either of the following apply:
a. This state does not have jurisdiction under either subsection 1 or 2, the respondent’s home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the Constitution of the State of Iowa and the Constitution of the United States.
b. The requirements for special jurisdiction under section 633.710 are met.